REC Networks filed comments in MB Dockets 24-147 and 24-148 in opposition to two changes the FCC is proposing for the Low Power Television (LPTV) service.
While the proceeding covered a large variety of items from political files to distances allowed for minor moves, REC focused on two specific items, Online Public Inspection File (OPIF) and Community of License (COL).
The FCC is looking at requirements where certain LPTV stations would be required to maintain an OPIF. The FCC is looking at either a requirement that any LPTV station that carries a major network affiliate (ABC, CBS, Fox or NBC) or any station that ranks in the Neilsen top-4 for the Designated Market Area (DMA) would be required to keep a public file. The FCC specifically stated that despite the public file requirement, LPTV stations would not have to file quarterly issues lists nor will they be required to file Children’s Television Programming Reports. Class A TV stations, which operate “quasi primary”, already have an OPIF requirement.
While REC stated that it may be reasonable to ask for public files from major network affiliates, REC opposes requiring any other LPTV station from maintaining such a file. REC also stated that by adding a public file requirement for one secondary service, it could sent precedence for a public file in other secondary broadcast services, specifically LPFM.
The FCC is looking to change the rules to require LPTV, TV Translators and Class A TV stations to specify a COL that is within the service contour of the station. Minimum community coverage is not being proposed; as long as the contour touches the border of the community, that will suffice. Once an LPTV station is settled in a COL, it cannot change it again for at least 12 months.
In comments, REC states that such a proposal is unnecessary because LPTV and TV Translators, being secondary services are not required to provide community coverage over any designated community or allotment pursuant to the “fair distribution” language of Section 307(b) of the Communications Act.
REC also notes that because of the varying sizes and antenna patterns of LPTV and TV translator stations, especially in rural areas of the west; it may be possible that the service contour will either not reach any Census Designated Places or if it does, it may not be the community the station is intending to serve, thus driving confusion for the viewer. In some cases, the actual community being served may not be recognized by the Census Bureau nor have specific boundaries of any kind. REC cites Riverton, Maryland as an example.
Like with our position on OPIF, REC further states that adding such a requirement to a secondary service, especially since there is no §307(b) community coverage requirement would create a dangerous precedent as it could be justification to extend such requirements in the future to include the LPFM service.
The §307(b) process for full-service involves several qualifications to be considered a community for allotment purposes, such as a designation in the Census and/or a significant number of businesses that identify with the community. In the past, REC has done a lot of work on fighting frivolous Table of Allotments petitions for rulemaking. This type of activity has pretty much come to halt since the FCC started to charge filing fees for these petitions.
Overall, REC opposed both the OPIF and COL issues as they pertain to LPTV and TV Translator stations. REC took no positions on COL for Class A TV stations nor any other item mentioned in the NPRM. Reply Comments in MB Dockets 24-147 and 24-148 are due on August 26, 2024.
